assessee can challenge the assessment order and the rectification
order then the assessee cannot be non-suited merely because he
had only challenged the orders
counsel for the assessee, Shri V.K.Bindal,
submitted that a suit was filed against the illegal occupier of the flat
and assessee has been ... corrected. On the other hand, Ld. DR
submitted that the civil suit was filed on 02.08.2013, therefore
plaint will be deemed to
have been properly instituted but the rectification could
not relate back to a period when in view of the deeming ... plaint. On the
aforesaid reasoning, the Division Bench held that the suit
could not be dismissed nor could the plaint be rejected
because
Khoday Distilleries Limited, respondent No.1
therein had filed original suit against the appellant
therein before the City Civil Court at Bengaluru for
recovery ... along, with
interest. The City Civil Court after trial had dismissed
the suit as barred by limitation by its judgment and
decree dated
Khoday Distilleries Limited, respondent No.1 therein had
filed original suit against the appellant therein before the City
Civil Court at Bengaluru for recovery ... along, with interest. The City Civil Court after
trial had dismissed the suit as barred by limitation by its
judgment and decree dated
member, as the case may be, will issue a written notice seeking rectification of the breach...."
Relying upon Judgment passed ... been held that Execution proceedings even though they are proceedings in a suit, cannot be considered to be a continuation of the original suit. Execution
Khoday Distilleries Limited, respondent No.1
therein had filed original suit against the appellant
therein before the City Civil Court at Bengaluru for
recovery ... along, with
interest. The City Civil Court after trial had dismissed
the suit as barred by limitation by its judgment and
decree dated
case the 'Respondents' were aggrieved, they should have filed a suit under
Section 7 of the ' Specific Relief ... Section 58(3) of the ' Companies Act, 2013 ' (Petition for
Rectification of Share Register) was not maintainable as the alleged Share
Certificate
plaint will be deemed to
have been properly instituted but the rectification could
not relate back to a period when in view of the deeming ... plaint. On the
aforesaid reasoning, the Division Bench held that the suit
could not be dismissed nor could the plaint be rejected
because
showing the 'existence of dispute' by
way of a pending Suit or Arbitration but can exercise its right to show that
goods ... Part, unless the context
otherwise requires,--
................................ (6) "dispute" includes a suit or
arbitration proceedings relating to-- (a) the existence of
the amount
